CLAUDIA P. LEWIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s Florida Rule of Criminal Procedure 8.850 motion asserting double jeopardy violations in her convictions. Battery convictions violate double jeopardy when defendant is also charged with and convicted of burglary with a battery, and the battery is the same in both charges. See Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995); Febles v. State, 654 So. 2d 615 (Fla. 3d DCA 1995); Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994); Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989); Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989). Defendant’s convictions and sentences on counts 3, 5, and 6 are hereby vacated. This cause is remanded for re-sentencing.
The order denying relief is affirmed on all other grounds.
Affirmed in part; reversed in part; and remanded for resentencing.
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Labrant D. Dennis v. State, 817 So. 2d 741 (Fla. 2002)…ion will not be disturbed absent an abuse of discretion.” Sexton, 697 So. 2d at 837. Although certainly prejudicial, the evidence of the nature of Dennis’s relationship with the victim was relevant to establish Dennis’s motive. See Burgal v. State, 740 So. 2d 82, 83 (Fla. 3d DCA 1999) (holding prior incidents of domestic violence by the defendant against the victim were properly admitted to prove motive, intent, and premeditation in prosecution for attempted first-degree murder); Brown v. State, 611 So. 2d…
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Redwin Anderson Wilchcombe v. State, 842 So. 2d 198 (Fla. 3d DCA 2003)…(Fla.1959), cert. denied 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). In analogous situations, similar evidence has been deemed admissible to show motive, premeditation or intent. Dennis v. State, 817 So. 2d 741, 762 (Fla.2002); Burgal v. State, 740 So. 2d 82 (Fla. 3d DCA 1999); Brown v. State, 611 So. 2d 540(Fla. 3d DCA 1992). Wilchcombe further argues that the prosecutor, during closing, made improper comments as to the “uncontrovert-ed evidence” and attacks on defense coun [*200] sel, requiring a new…
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Irizarry v. State, 905 So. 2d 160 (Fla. 3d DCA 2005)…DCA 2000); Washington v. State, 752 So. 2d 16 (Fla. 2d DCA 2000); Billiot v. State, 711 So. 2d 1277 (Fla. 1st DCA 1998). Finally, the defendant’s reliance on this Court’s opinions in Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999), Lewis v. State, 740 So. 2d 82 (Fla. 3d DCA 1999), and Febles v. State, 654 So. 2d 615 (Fla. 3d DCA 1995), is misplaced where they deal with convictions for burglary with a battery and simple battery or assault, not aggravated battery. Accordingly, the defendant’s convictions an…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989)
- Art Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995)
- Febles v. State, 654 So. 2d 615 (Fla. 3d DCA 1995)
- Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994)
- Sampson E. Riley v. State, 543 So. 2d 424 (Fla. 5th DCA 1989)
- Kardell Vernon Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989)